Featured Story

ABA ROLI Pioneers Effort to Curb Extrajudicial Killings in the Philippines

Philippines Country Director Scott Ciment speaking with the Chief Justice of the Supreme Court of the Philippines, Hon. Reynato Puno

The ABA Rule of Law Initiative’s (ABA ROLI) portfolio of post-conflict and human rights programs continues to expand in new directions, most recently in the Philippines.  The United States Department of State’s Bureau of Democracy, Human Rights and Labor (DRL) has selected ABA ROLI to spearhead a new program to combat the occurrences of political assassinations and kidnapping, commonly known as “extrajudicial killings,” in the Philippines. This program is substantially different than others the Initiative has undertaken in the country. ABA ROLI will host five symposia in the regions where most of political killings occur to discuss uses of the Writ of Amparo, and will also train prosecutors in basic crime scene preservation. In addition, every agency and institution, government or NGO, will create an action plan for how to respond to a report of a suspicious disappearance.

There has been an unfortunate surge in the number of political activists, labor leaders and others who have disappeared or been killed in the Philippines. Circumstances suggest that a government agent, notably the national police or military, may be involved. These cases pose a direct threat to the democratic gains made by the Philippines in the decades since their revolution.

The development of the ABA ROLI’s new program, titled “Curbing Extrajudicial Killings in the Philippines,” was inspired by a 2007 national symposium in Manila convened by Chief Justice Reynato Puno. One of the direct results of the conference was the adoption by the Supreme Court of the Writ of Amparo (Recurso de Amparo), a legal mechanism to help victims of extrajudicial killings. Based on similar writs in Latin American countries, the Writ of Amparo, when granted, requires a government agency such as the police or the military, to conduct due diligence to ensure that a missing person is not in their custody.  General denials are forbidden, and the responding agency must detail what steps they took to search for the person. 

Because the Writ is still an imperfect legal vehicle and because people do not understand its limitations or that a successful Writ marks the beginning of a case, not the end  ABA ROLI will hosting five regional symposia to increase understanding of the legal tool.  By having the events take place in the regions where the problems are most acute, the speakers can tailor their messages to address the unique challenges facing the citizens of a particular region, and more people who actively work in the field will be able to attend. Also, the heightened media attention that the local press will create for the forums will help expose the problem to an even wider audience.

The summits are not an end to themselves.  ABA ROLI will bring a forensics expert to train an extrajudicial killings task force on basic crime scene preservation techniques and how to use physical evidence more effectively.  In turn, the task force members will teach the audiences at the regional summits about what they can do to help the prosecutors bring stronger cases to trial.  In addition, every agency and institution, government or NGO, will create an action plan for how to respond to a report of a suspicious disappearance.  By immediately calling everyone on their list, the first responders will be able to get hundreds of people looking immediately after the report came in of a missing person.

This program is unique for the wide ensemble of partners it will recruit, and has already obtained tremendous support. The Supreme Court of the Philippines has agreed to co-sponsor the regional summits, as has the Alternative Law Group, an umbrella organization of civil rights lawyers and organizations.  One of the Philippines most prestigious universities, Ateneo de Davao, will also lend its name and intellectual assets to the program.

For more information, contact Program Officer Theresa Luong <luongt@staff.abanet.org>

Europe and Eurasia

Kyrgyzstan’s Madrassa Students Participate in Street Law Classes

Students in a madrassa in Osh, Kyrgyzstan, learn about citizens’ rights through the Street Law program

Since early childhood, 28 year-old Kanishai Kojoakmatova dreamed of becoming a lawyer. However, her father believed that his young daughter should not study—it was not an appropriate pursuit for a girl.

Ten years after graduation from secondary school in Kyrgyzstan, Kanishai found the chance to continue her education. She could not attend an expensive law university, however, so she enrolled in the more accessible option—a madrassa.

In 2006, when Kanishai came from remote Chon Alai to study in the Islamic University in the city of Osh, she was pleasantly surprised to find that law classes were in fact delivered alongside her religious study.

“Every week in our madrassa we have the We and the Law classes. We learn our rights and how to defend them if they are violated. We also consider different life situations, in which any person can appear, and we learn how to address these problems with the help of the law,” Kanishai states, idenitfying what she likes about the “Street Law” curriculum. “We can easily and freely express our opinions, disagree with each other and discuss different issues.”

The Street Law program, implemented by the American Bar Association’s Rule of Law Initiative (ABA ROLI), is aimed at providing public legal training on the basics of law, human rights and democratic principles. Since 2001, legal training has been delivered in 50 secondary schools of the Kyrgyz Republic, and since 2006, the law classes have also been provided in religious institutions—Islamic schools and madrassas.

Kanishai tries her best to master provisions of the law because she believes that without awareness of one’s own rights and laws one’s life will be very difficult. “Just recently, I helped my nephew to get a passport,” Kanishai recounts, “because I knew which agencies to apply to and what documents should be provided.” She is confident that the knowledge and skills gained will continue to help her in different life situations.

In the near future, Kanishai will move ahead to study the training methodology in the Street Law program, so that she can master the innovative ways of teaching used in the program. She hopes that by gaining trainer’s skills and receiving the certificate, she will herself be able to work as a teacher of law in her village, providing the same interesting classes that she now takes in the madrassa.

“I was not able to become a lawyer, but I have the chance to become a teacher of law,” Kanishai smiles, “and I will put all my efforts…no, I will definitely achieve my goal!”

Article by Nodira Akbaralieva. For more information, please contact Deputy Country Director Azamat Kerimbaev <akerimbaev@infotel.kg>

Serbia Launches First eLearning Program for Attorney Trainees

In December 2007 the ABA Rule of Law Initiative (ABA ROLI) launched an “eLearning” legal education program in Serbia. This pilot program, the first of this kind ever attempted in the former Yugoslavian country, allows law firm trainees to take relevant legal courses on-line. This unique form of continuing legal education will make it easier to for Serbia’s attorneys to maintain high professional standards and thereby  contribute to a stronger legal sector.

Participants in the program will be able to choose from a course catalog including criminal law, civil law, case-law and procedures of the European Court of Human Rights, legal ethics, Freedom of Information law, international criminal law, law of the European Union, alternative dispute resolution, and others. Each lecture consists of a recorded segment with a power-point presentation, various additional practical samples, hyper-links, resources relevant to the topic, and a self-examination. Trainees are able to follow courses at their own convenience and depending on their daily work schedules. Lectures are presented by prominent local practitioners such as the President of the Supreme Court of Serbia and the country’s Public Information Commissioner.

This stage of the program is designed by ABA ROLI and prepared and implemented in cooperation with the Nis Bar Association and the Faculty of Information Technology in Belgrade. The program will last for 90 days and consists of 20 on-line lectures. In this first, pilot phase, the eLearning program is offered to Nis Bar Association trainees and is limited to 100 participants. Depending on the success and evaluations, the program will be continued by the Nis Bar Association for next generations of trainees, and offered to other bar associations within Serbia, for a potential target population of over 2,000 trainees. 

For the full list of courses and lecturers visit http://www.abaceeliyu.org/eLearn/index-en.html

For more information, please contact Blazo Nedic <blazonedic@gmail.com>

Partners Build a Civic Education Program in Qatar

In January, Qatari government officials, educators, and members of the legal community gathered at the College of Law at Qatar University to begin designing a civic education program The project, initiated by the ABA Rule of Law Initiative (ABA ROLI), will strengthen and deepen the understanding of the rule of law among young citizens, empowering them to effectively participate in civic life and promoting a culture of respect for the law and for individual rights and responsibilities. 

Dr. Mabel McKinney-Browning, Director of the ABA’s Public Education Division, and Karen Kendrick, ABA ROLI’s Qatar Program Director, introduced the project targeting preparatory and secondary students.

Supported by the U.S. Department of State Office of the Middle East Partnership Initiative, the project will be tailored to the Qatari context by the ABA and a working group of Qatari legal and education experts.  The core elements will include a pilot classroom-based civic education curriculum program that will be implemented in select Qatari classrooms this spring. 
 
During the January Working Group meetings, representatives from the College of Law at Qatar University, the Qatar Foundation and members of the legal community convened to select possible topics for the curriculum.  The curriculum will be complemented by a rule of law portal, public service announcements and a “Law Day” event. “The initiative has found positive response and the national institutions concerned have expressed a readiness to participate,” College Dean Hassan al-Sayed said. 

Expert Returns to Bahrain to Improve Enforcement of Judicial Decisions

At the request of the Bahraini Minister of Justice, the ABA Rule of Law Initiative (ABA ROLI) sent expert Bernard Menut to Bahrain in December 2007 to provide technical assistance on the efficient enforcement of judicial decisions. Mr. Menut had previously visited Bahrain in the spring of 2007. His briefings and seminars inspired the Bahrain Minister of Justice and the Assistant Undersecretary of Courts and Notary to bring him back for additional training and workshops

During this latest visit, he made the case for putting in place measures to speed the process of execution of judgments. Mr. Menut discussed methods to improve the system, such as privatizing the serving of documents and the enforcement of judicial decisions using private sector enforcement agents. He imparted his extensive expertise gained through his experience as the President of the National Association of Enforcement Agents in France, as well as countless international assignments, including setting up a similar system in Tunisia.

A detailed study produced during Mr. Menut’s trip covering areas such as civil, commercial, tax and administrative affairs has now been submitted to the Ministry for their consideration and further action. Bahraini Judge Ajaji praised Mr. Menut’s service, saying that he was “outstanding and essential to our work crafting our legislation.”

For more information, please contact Nicole Jacobs <njacobs@staff.abanet.org>

People in the News

Ciment and Kirk Hit the Ground Running

Kathy Kirk, legal specialist, speaking in Jordan

Today’s jobs usually require people to learn quickly and meet goals with little time to waste. They don’t often also mean working in a different culture and being accountable to multiple agencies—unless you’re working in a field office of the ABA Rule of Law Initiative (ABA ROLI). Like Philippines Country Director Scott Ciment, who had been in the country for less than one month when he was asked to develop a full-fledged proposal for a new program on extrajudicial killings.

“I simply didn’t have a good sense of what was happening in the human rights community regarding the extrajudicial killings,” confesses Ciment. “Fortunately, Chief Justice Reynato Puno, convened a national summit on the issue” that allowed him to meet stakeholders and quickly digest the facts, viewpoints, and opportunities for action.

You might think this kind of pressure would be unbearable. And yet, both Ciment and Jordan Legal Specialist Kathy Kirk gush with enthusiasm about their experiences.

“The support of the ABA and the staff in Jordan was spectacular,” explains Kirk, who was in Jordan for three months. “I had the opportunity to immerse myself in a new country with ready-made colleagues, fulfill my desire to do some significant pro bono work, and gain experiences I will never forget.”

While in Jordan, Kirk consulted on the development of a court-connected mediation program.  From developing procedural manuals to meeting with Jordan’s new ADR Director Judge Mohammed Al Nasser, she faced enormous responsibilities as soon as she stepped off the plane—and it paid off. During her stay, the Ministry of Justice approved the opening of five new mediation programs.

Ciment has overseen the same kind of success:  In November 2007, USAID awarded ABA ROLI a grant to institute pilot small claims courts in several regions throughout the Philippines. Other contracts have been extended, and the proposal for the program to curb extrajudicial killings has received overwhelming support.

Both Kirk and Ciment rose to the challenges of rule of law promotion with the help of partners and staff working alongside them. But they were also urged forward by a belief in the importance of their work to provide an alternative to overburdened and struggling justice systems. As Ciment summarizes, “A judiciary that enjoys the confidence of the public is better able to provide the public its essential services.” Perhaps the same can be said of an organization that enjoys the confidence of its staff.  

For more on Kathy Kirk’s work, see this article on Jordan’s court mediation program.
For more on Scott Ciment’s work, please visit the Philippines country page.